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Chain Migration is Fake News

I’ve been an immigration lawyer for almost 20 years, since 1999, and I have never heard “chain migration” used in any way, shape, or form when it comes to immigration. We call it family immigration – we always have, and we always should because that’s what it is.

Why is the media and the Trump administration calling family immigration “chain migration?” It’s because they don’t want you to know that it’s really about husbands and wives, kids, parents, and brothers and sisters. They want you to think of one evil person bringing in 17 people to the U.S., including aunts, uncles, and evil grandparents.

Since there seems to be a lot of confusion about all of this, I want to explain what family immigration is and what it is not. First off, when you think of a chain, you think of something that is very long (at least I do, anyway).

Family immigration is not that long – don’t think of a long chain, think of a dog collar for a Chihuahua. Here is the list of family members you can petition for if you are a U.S. Citizen by filing an I-130 petition and thereby helping them immigrate to the United States and become Lawful Permanent Residents of the U.S. (green card holders).

U.S. Citizens can petition for their:

  • spouse
  • parents
  • children under 21
  • children over 21
  • married children
  • siblings

That is it! No one else.

Lawful Permanent Residents of the U.S. can petition for the following family members:

  • spouse
  • children under 21
  • unmarried children over 21

Permanent residents cannot petition for their parents or their siblings or married children.

When you look at these lists of people that U.S. Citizens and Lawful Permanent Residents of the U.S. can petition for, does it seem like a list of crazy, extra family members? Or does it seem reasonable and understandable that U.S. Citizens and Lawful Permanent Residents would want to reunite and be with these family members? Since when has wanting to reunite and be with your closest family members been a bad thing? When people say “End Chain Migration” what they’re really saying is “End Family Immigration.” The use of the term chain migration to characterize family immigration as negative is pretty vicious.

I personally would have no interest in investing my time, effort, and energy into putting roots down in a foreign country and becoming a citizen if I would not be able to bring my spouse, children, parents and yes, my sometimes annoying siblings, who despite it all, I love very much and want to be relatively close to.

Don’t even get me started on the waiting periods. Oops, too late, I got started on it. If we were all born in the Philippines, and I came to the U.S. and eventually became a U.S. Citizen, it would take my brother and sister 24 years to immigrate to the U.S. if I were to petition for them today. Yes, 24 years! Thankfully, my parents did all of the hard work of immigrating to the U.S., and my sister, brother, and I were all born here. Luck of birth. I have clients who have patiently waited all those years to immigrate to the U.S. to be with their families. That type of dedication is not one that should be characterized in a negative way. Family is good for everyone. Family is good for America.

I would love to hear about your immigration story. It’s my passion!

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  4. One Good Reason You Need to Lawyer Up

Filed Under: Immigration Blog Articles

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Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

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